All existing supply or service contractors (at the prime and subcontract level) that meet the OFCCP’s jurisdictional thresholds must register and certify compliance with the AAP requirements. New contractors have 120 days to develop their AAP(s), and must register and certify compliance through the Contractor Portal within 90 days of developing their AAP(s). At present,
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DOJ Settlement Underscores the Significance of Incorrect Small Business Representations
The Department of Justice (“DOJ”) recently announced a $5.2 million settlement with Numet Machining Techniques, LLC and affiliated entities (collectively, “Numet”) concerning alleged misrepresentations of size and ownership in connection with pursuing U.S. Government contracts. The Numet settlement is an important reminder to the contractor community that representations and certifications—particularly those concerning small business status—should
DoD Releases Guidance on Inflation and Economic Price Adjustments for Fixed-Price Contracts
In response to industry-wide questions about price adjustments for economic inflation, the Department of Defense (DoD) has released guidance about when and how contracting officers may provide financial relief to contractors working on fixed-price contracts. The guidance generally discourages contracting officers from granting adjustments under the Changes clause due solely to inflation. But it does
May 2022 Developments Under President Biden’s Cybersecurity Executive Order: One Year Anniversary Update
This is the thirteenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs describe the actions taken by various Government agencies
April 2022 Developments Under President Biden’s Cybersecurity Executive Order
This is the twelfth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the second through eleventh blogs describe the actions taken by various Government
Federal Debarments and Suspensions Hit Ten Year Low, According to FY 2020 Report
On April 18, 2022, the government released its annual report on federal suspension and debarment activities for FY 2020. The report is published by the Interagency Suspension and Debarment Committee (“ISDC”) to fulfill its obligation annually to update Congress on the status of the government’s suspension and debarment program across all executive agencies. While the
Infrastructure Update: OMB Issues New Buy America Guidance for Federal Infrastructure Projects
On April 18, 2022, the Office of Management and Budget (“OMB”) published a memorandum entitled “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure” (“OMB Guidance”). OMB M-22-11. The OMB Guidance supplements the Build America, Buy America Act (“BABA”) provisions of the Infrastructure Investment and Jobs Act (“IIJA”),
March 2022 Developments Under President Biden’s Cybersecurity Executive Order
This is the eleventh in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the second through tenth blogs described the actions taken by various Government
Covington Primer on Foreign Military Sales and Financing
Given the growing attention in U.S. military assistance to foreign allies and the applicable ground rules, Covington has prepared a primer to understanding the basics of foreign military sales, foreign military financing, and direct commercial sales. Covington features a multi-disciplinary team of government contracts, export controls, anticorruption, and corporate attorneys with experience in foreign military
Department of Labor Proposes Overhaul to Davis-Bacon Act Regulations
Many contractors are familiar with the Davis-Bacon Act (“DBA”), the statute that requires government contractors to pay prevailing wages to workers employed in the construction, alteration, or repair of buildings or other public works. The DBA is enforced by the Department of Labor, which is responsible for issuing the “wage determinations” that list the prevailing